material allegation


material allegation
A statement in a pleading upon which an issue in the action can be made. Miller v Brumbaugh, 7 Kan 343, 353. A statement in a pleading essential to the claim or defense, and which cannot be stricken from the pleading without leaving it insufficient. Tucker v Parks, 7 Colo 62, 67.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • material — ma·te·ri·al 1 /mə tir ē əl/ adj 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component the material terms of the contract 4: being relevant to a subject under considerati …   Law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • allegation — The assertion, claim, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. See e.g. Fed.R. Civil P. 8. See also charge claim complaint. A material allegation in a pleading is one essential… …   Black's law dictionary

  • allegation — The assertion, claim, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. See e.g. Fed.R. Civil P. 8. See also charge claim complaint. A material allegation in a pleading is one essential… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • assumed — I (feigned) adjective adopted, apocryphal, bogus, contrived, counterfeit, deceptive, delusive, disguised, fabricated, factitious, fake, false, fictitious, fraudulent, invented, manufactured, misleading, misrepresented, pretended, pretexted,… …   Law dictionary

  • issue of fact — A single, certain, and material part of dispute arising upon a denial of a material allegation in the adversary s pleading, or where by force of statute a material allegation is to be considered controverted without further pleading. 41 Am J1st… …   Ballentine's law dictionary

  • general denial — A pleading in modern practice which bears a close analogy to the general issue in common law pleading; a pleading, in response to what purports to be an affirmative allegation of a cause of action, which operates as a denial of every material… …   Ballentine's law dictionary


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